11 January

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Non Est Factum in Nigerian Law: When Can You Escape a Signed Contract?

in 200 Level, Case Analysis, Class Notes, Educational Articles, Law of Contract, Legal News, Torts & Contracts

Have you ever signed a document without fully understanding what it was? Perhaps you were told it was one thing, but it turned out to be something completely different? In Nigerian contract law, there's a legal defense called "non est factum" that can protect you in such situations—but only under very specific circumstances. This guide explains what non est factum means, when you can use it, and how Nigerian courts decide whether someone can escape a contract they signed by mistake. What Does Non Est Factum Mean? Non est factum is a Latin phrase that literally means "it is not my deed." It's...

11 January

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Mutual Mistake and Common Mistake in Nigerian Contract Law

Posted by Kolawole Adebowale

in 200 Level, Case Analysis, Exam Preparation, Law of Contract, Study Tips

Imagine you agree to buy a car from someone, and both of you believe the car exists in the seller's garage. Unknown to either of you, the car was stolen the night before. Can this agreement be enforced? This scenario illustrates one of the most important defenses in contract law: mistake. In Nigerian contract law, mistake occurs when one or both parties enter into a contract based on a false belief about important facts. Not every mistake will allow you to escape a contract, but certain types of mistakes are serious enough to make the contract either void (invalid from the...

10 January

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FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY IN NIGERIA: AN ANALYSIS OF CHAPTER II OF THE 1999 CONSTITUTION

Posted by Kolawole Adebowale

in 200 Level, Case Analysis, Class Notes, Constitutional Cases, Constitutional Law, Constitutional Law, Educational Articles, Landmark Judgments

One of the most significant innovations in Nigeria's constitutional development is the inclusion of Chapter II on Fundamental Objectives and Directive Principles of State Policy. This chapter, spanning sections 13 to 24 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), represents a bold attempt at constitutionalizing socio-economic rights and setting out the guiding principles for governance in Nigeria.1 The chapter contains provisions on political, economic, social, educational, environmental, cultural objectives. Understanding these provisions requires familiarity with the broader sources of constitutional law in Nigeria, national ethics, and the duties of citizens. It essentially defines the relationship between...

08 January

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Ministerial Responsibility in Nigeria: Doctrine, Application and Constitutional Framework

Posted by Kolawole Adebowale

in 200 Level, Class Notes, Constitutional Law

Ministerial responsibility is a fundamental constitutional doctrine that governs the conduct and accountability of ministers in democratic systems. Every act of government is usually done through ministers and their ministries, departments, offices and agencies under the ministry. This doctrine ensures that government officials remain accountable for their actions and policies, both individually and collectively.1 WHO IS A MINISTER? A minister is:2 A person at the head of a ministry or department of State Usually a member of Cabinet and holds the highest office in the ministry A political appointee with his or her tenure in office at the pleasure of the appointor,...

08 January

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Constitutional Development in Nigeria: From Colonial Rule to Independence (1849-1960)

Posted by Kolawole Adebowale

in 200 Level, Class Notes, Constitutional Law

Nigeria's constitutional development is a fascinating journey through colonial administration to eventual independence. Understanding this evolution is crucial because many features of Nigeria's current constitutional framework can be traced back to these formative years. The path to independence was not direct or smooth – it involved multiple constitutional experiments, each building upon or reacting to the previous one. THE EARLY PERIOD: PRE-1914 Before 1914, there was no unified Nigeria. What existed were separate colonial territories administered by Britain. The territory that would become Nigeria consisted of: The Colony of Lagos (established 1862) The Protectorate of Southern Nigeria The Protectorate of Northern Nigeria Each...

08 January

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Citizenship in Nigeria: Acquisition, Dual Citizenship, Renunciation and Deprivation

Posted by Kolawole Adebowale

in 200 Level, Case Analysis, Constitutional Law

According to the Black's Law Dictionary, citizenship is defined as the status of being a citizen, the quality of a person's conduct as a member of a community. A citizen is a person who, by either birth or naturalization, is a member of a political community, owing allegiance to the community and being entitled to enjoy all its civil rights and protections; a member of the civil state, entitled to all its privileges.1 The word citizenship is often used interchangeably with "subject", "individual", and "nationality". It has been defined as pertaining to a person who under the constitution and the laws...

08 January

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Constitutional Conventions in Nigeria: Principles, Application and Landmark Cases

Posted by Kolawole Adebowale

in 200 Level, Class Notes, Constitutional Law

Britain operates an unwritten constitution and many of the operations of the government do not have formal legal documentation. Hence, there are conventional rules guiding the operations of the government and its relationship with the sovereign/crown. The Cabinet and the Prime Minister/Parliament are conventional institutions, and the formal rules of the constitution only deal with marginal aspects of these institutions.1 Constitutional conventions are the non-legal rules of governmental operations. Not only do conventions supplement the legal rules, some of them are significantly constitutional rules.2 Think of conventions as unwritten customs that everyone in government follows, even though there's no law forcing...

08 January

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Federalism in Nigeria: Understanding Federal System, Division of Powers and Constitutional Principles

Posted by Kolawole Adebowale

in 200 Level, Class Notes, Constitutional Law, Study Resources

Federalism according to Black's Law Dictionary is defined as 'a league or compact between two or more states to become united under the central government'.1 K.C. Wheare defined federalism as 'the method of dividing power so that general and regional governments are each within a sphere co-ordinate and independent'.2 In simpler terms, federalism is a system where power is shared between a central (federal) government and smaller regional governments (states), with each level having its own specific powers and operating independently within its sphere. Professor Nwabueze provides a more detailed definition: federalism is an arrangement whereby the powers of government within a...

08 January

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Sources of Constitutional Law In Nigeria: A Comprehensive Guide

Posted by Kolawole Adebowale

in 200 Level, Constitutional Law

INTRODUCTION: UNDERSTANDING SOURCES OF CONSTITUTIONAL LAW When we talk about "sources" of constitutional law, we are referring to the origins or channels from which constitutional rules are created, developed, and given authority. Think of it like asking: "Where do the rules that govern our country come from?" The answer is not simple because constitutional rules don't come from just one place – they come from multiple sources, each contributing to the overall constitutional framework of a nation. Constitutional law derives its authority from various origins or channels through which constitutional rules are framed or developed. The sources of constitutional law represent the...

20 November

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Marriage and Divorce Law in Nigeria: Complete Guide to Grounds, Procedures, and Legal Requirements

Posted by Kolawole Adebowale

in Civil Procedure, Class Notes, Educational Articles, Exam Preparation, Family Law, Legal Terminology, Study Resources

Nigerian matrimonial law provides a comprehensive framework governing how marriages begin, how they're maintained, and when necessary, how they can legally end. Whether you're planning to marry, experiencing marital difficulties, or considering divorce, understanding these laws protects your rights and helps you make informed decisions. This guide explains everything you need to know about marriage types, divorce procedures, and legal requirements in Nigeria. Understanding the Three Types of Marriage in Nigerian Law Nigeria recognizes three distinct marriage systems, each with its own legal framework, requirements, and implications. Think of these as three different "contracts" you can enter into, each governed by different...

Author: Kolawole Adebowale